Anil Chowdhury v. State Of West Bengal

CRM 9295 of 2020 (Via Video Conference) 20.11.2020 Court No. 16 Item No.18 (D/L) akd & ab In Re: An application for Bail under Section 439 of the Code of Criminal Procedure in connection with Titagarh Police Station Case No. 128 of 2007 dated 02.05.2007 under Sections 326/307/34 of the Indian Penal Code.

and In the matter of: Anil Chowdhury ...... Petitioner Mr. Subhasis Chowdhury.

......for the Petitioner Mr. Bidyut Kumar Roy, Ms. Rita Datta.

...... for the State The petitioner undertakes to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner obtained bail but failed to attend the trial on one of the days whereupon the bail was cancelled. According to the petitioner, he was arrested in connection with another case and was prevented by sufficient cause from attending the trial on the relevant date.

Despite the poor track record of the petitioner and the petitioner being involved in multiple criminal cases, since the injuries suffered in the present case were not serious, the petitioner had been granted bail. In view of the explanation, the further detention of the petitioner is not necessary. However, the petitioner cannot miss any date fixed for trial and if the bail is cancelled on the ground of missing the trial on any account, the petitioner will not be entitled to seek bail any further.

Subject to the above, the petitioner will be enlarged on bail upon furnishing security of Rs.10,000/- (Rupees ten thousand) only, with two sureties of like amount each, one of

whom must be local, to the satisfaction of the appropriate court in North 24 Parganas.

CRM 9295 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Hiranmay Bhattacharyya, J)